DWELL Your Rooms We Love OFFICIAL COMPETITION RULES
The following are the official rules for the Dwell "Your Rooms We Love" Photo Competition ("Competition"):
1. Sponsor: The Competition is sponsored by Dwell Media, LLC ("Dwell"), located at 111 Sutter Street, Suite 600, San Francisco, CA 94104.
2. Eligibility: Any individual who submits photographs must be at least eighteen (18) years of age. The Competition is subject to all applicable federal, state and local laws and regulations, and is void where prohibited by law. Employees of Sponsor and their immediate families (spouse, parent, sibling, child, and spouse of any of the foregoing) and those living in their immediate households, whether or not related, are not eligible to submit photos.
3. Competition Challenge: Dwell challenges you to submit a photograph or photographs of your own home. At the end of the Entry Period, we will select what we deem to be the best submissions for a special issue of Dwell Magazine that will be published on March 24, 2015.
4. Entry Period: The entry period for the Competition begins at 6 p.m. ET on Monday November 24, 2014 and ends at 11:59 p.m. ET on Thursday, January 15, 2015 ("Entry Period"). Entries will be accepted at www.dwell.com/your-rooms-we-love. Entries received before or after the Entry Period will not be considered.
5. How to Enter: To enter, go to www.dwell.com/your-rooms-we-love during the Entry Period and follow the instructions to submit entry information. A complete entry consists of all of the following: (1) a completed entry form available at www.dwell.com/your-rooms-we-love; (2) one to ten photographs (submitted in .jpeg or .png format) of your home; and (3) a brief description explaining your Entry (all three parts, collectively, the "Entry"). Each entrant may submit only one Entry. If multiple Entries are discovered to have been submitted by the same entrant, then only the first Entry submitted will be considered. All Entries must be submitted via www.dwell.com/your-rooms-we-love. Mailed or hard copy Entries will not be accepted. Incomplete Entries and Entries not in the specified formats will be void. Entries must be received during the Entry Period to be considered. Proof of entry will not be deemed to be proof of receipt by Sponsor.
6. Rights Definition: As used in these Official Rules, the term "Rights" shall mean rights of copyright, patent rights, trademark and service mark rights, publicity rights, trade secret rights, character rights, rights in routines, trade dress rights, and all other proprietary rights of any kind whatsoever, together with any and all applications, registrations, renewal and extension rights, and rights to sue for any past, present, or future infringement or violation.
7. Originality of Entries: Each entrant must have all Rights in and to his or her Entry as of the time of entry to the Competition. By submitting an Entry, each entrant represents and warrants that: (a) the entrant is the exclusive owner of the Rights related to the Entry to: (i) enter such Entry in this Competition; and (ii) to grant to Sponsor all rights necessary to use the Entry as provided in these Rules; and (b) no other person or entity is entitled to any payment for the use of the Entry.. Modifying, enhancing or altering a third party’s preexisting work does not qualify as an entrant’s original creation. Each entrant agrees to indemnify and hold harmless Sponsor from and against all claims or damages arising out of the use of such entrant’s Entry. Sponsor reserves the right to void and/or disqualify any Entry if it is found in Sponsor’s sole discretion to be inconsistent with the above representations and warranties, plagiarized, copied, or fraudulent, to infringe upon existing Rights of others, or to be incomplete, damaged, obscene, vulgar, offensive or otherwise unsuitable for any reason.
8. Sponsor’s Right to Use Entries: By submitting an Entry, each entrant hereby irrevocably licenses to Sponsor the right to use, reproduce, display, and distribute such Entry and its contents, without any compensation to the entrant. By submitting an entry, each entrant consents to the potential use of their entry in a special issue of Dwell Magazine to be produced and sold by Sponsor. Each entrant agrees that they will not receive any compensation even if Sponsor profits from the sales of the special issue.
9. Right to Use Name, Likeness, and Other Identifying Information: By submitting an Entry, each entrant hereby irrevocably consents to the display, performance, and other use by Sponsor and its successors and assigns of his/her name; image; likeness; Entry; biographical information; statements and quotes; stories and anecdotes provided; all of his/her other personal or commercial attributes or identifying features for any purposes related to this Competition. All entrants hereby waive any and all rights of publicity and rights of privacy associated with Sponsor’s use of a Likeness. Entrants shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of a Likeness. The rights granted under this paragraph are without compensation or notification to the entrant of any kind, except as required by law, and shall extend to all Entries, all other materials submitted by entrant, and all other materials developed in connection with the Competition, regardless of whether they are developed by the entrant or another person or entity.
10. Sponsor’s Control over Entries: Each Entry must be in good taste and consistent with Sponsor’s positive image and may not be offensive or inappropriate, as determined by Sponsor in its sole discretion. No Entry may infringe or otherwise violate the Rights or privacy of any person (living or deceased) or entity. All entrants and Entries are subject to verification by Sponsor. Entrants will cooperate with Sponsor and its representatives in connection with any and all verification activities.
11. Judging: Submission judges will consist of a panel appointed by Dwell. From approximately January 15, 2015 through January 19, 2015, the judges will review all Entries and select what they deem to be the best entries (the total number is at the discretion of Dwell and the judging panel) to appear in the special issue. The judges will use the following criteria, each weighted in equal percentages: (i) adherence to Submission requirements and rules; (ii) originality and ingenuity in capturing a photograph of one’s own home;" (iii) quality of the photograph; and (iv) overall caliber of the Entry (together, the "Judging Criteria").
12. Winner Selection and Announcement: The entrants whose Entries have been selected for publication will be notified by Dwell via e-mail and telephone, by Friday, January 23, 2015. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify entrants for the selection of their Entries. As a condition to being selected for publication, Entrants will be required to execute a publication’s agreement (the "Publication Agreement") within seven (7) days after being notified of their selection. The Publication Agreement will contain, among other things, an affidavit of eligibility, releases, a privacy waiver, and a license to Sponsor of all the Rights necessary for publication of the Entry.
13. Selection: Selected Entries will appear in a special issue of Dwell Magazine.
14. General Conditions: By participating in the Competition, entrants agree to abide by the terms of these Official Rules and by the decisions of the Sponsor and the judges, which will be final and binding on all matters pertaining to the Competition. Should there be a dispute regarding who may have submitted an Entry, that Entry will be deemed to have been made by the authorized holder of the e-mail account at the time the Entry was submitted. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. By participating in the Competition, entrants release, acquit, and forever discharge Sponsor (and Sponsor’s affiliates) and its officers, directors, employees, agents, successors and assigns (collectively, the "Released Parties") from any and all manner of action or actions, suits, claims, damages, judgments, levies and executions, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which an entrant and his or her successors and assigns ever had, has, or may have, or claim to have against the Released Parties, for, upon, or by reason of any matter, act, or thing relating to the Competition. Sponsor may modify, suspend, or terminate the Competition at any time, and for any reason that they may determine in its sole discretion. Sponsor reserves the right in their sole discretion to disqualify any entrant who tampers with the entry process or the operation of the Competition or who acts in violation of these Official Rules. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE COMPETITION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
18. Disputes/Choice of Law: Each entrant agrees that the Competition shall be governed by the laws of the State of California and: (1) any and all disputes, claims and causes of action arising out of or connected with the Competition shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"); and (4) each entrant hereby waives all rights to claim Special Damages. Under no circumstances shall Sponsor’s aggregate liability to any entrant exceed One Dollar ($1.00).
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